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(영문) 서울행정법원 2016.04.27 2015구단19193
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 25, 2014, the Plaintiff entered the Republic of Korea with the visa of the Tourism Department (B-2) as a foreigner of Egypt nationality, and applied for refugee recognition to the Defendant on March 19, 2015.

B. On March 30, 2015, the Defendant issued a disposition to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear that the Plaintiff would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On May 6, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff exported the capital of the high-speed village farming division as a cycle of exporting the capital of the high-speed village farming division and received fees, and as a result, killings in excess of the standard value were detected in capital reduction and cannot be exported, the plaintiff filed a lawsuit with the court, and the plaintiff escaped to the Republic of Korea because the high-speed village farming division could not cope with excessive debts.

In the event that the plaintiff returned to his own country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful despite the possibility of persecution for the above reasons.

B. (1) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners in the Republic of Korea who are unable to be protected by the country of nationality or do not want the protection of the country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, should be recognized as refugee, and “persecution” which is the requirement for recognition of refugee status is against life, body or freedom.

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